Conflicts of Interest (Ethical Governance) Amendment Act, 2025
Chamber
Alberta
Stage
Introduced
This Alberta bill strengthens ethics rules for MLAs and government staff around conflicts of interest, gifts, and codes of conduct.
Key Changes
- Expands the conflict of interest definition to include situations where a 'reasonably well-informed person' would perceive a conflict, not just when the MLA personally knows about it
- Bans MLAs from accepting gifts or benefits from lobbyists or people with business before the government
- Requires Ethics Commissioner approval to keep any non-monetary gift worth more than $100, and requires disclosure within 15 days of receiving it
- Makes it mandatory (not optional) for the government to establish a code of conduct for Premier's and Ministers' staff
- Gives the Ethics Commissioner a formal, explicit role in investigating breaches of staff codes of conduct
- Removes several older regulation-making powers related to gift amounts, event tickets, and conference fee waivers
Gotchas
- The bill removes existing regulation-making powers (sections 47.1 b through e) that previously allowed the government to set specific dollar thresholds and rules for gifts, event tickets, and conference waivers by regulation — these are now replaced by fixed rules in the Act itself, reducing government flexibility to adjust limits without legislative change
- The new 'reasonable perception' standard for conflicts of interest is broader than the old standard and could capture situations where an MLA did not personally believe they had a conflict, potentially increasing the number of findings against members
- The code of conduct for Premier's and Ministers' staff must now address conflicts with existing employment contracts — a transition clause says existing contracts remain in effect until replaced, but the bill notes new rules may override prior employment terms
- The bill does not come into force until July 1, 2026, meaning current rules remain in place for over a year after passage
- Only non-monetary gifts qualify for the protocol/social obligation exemption under the new rules — cash or cash-equivalent gifts from any source are no longer exempt under any circumstance
Who's Affected
- Members of the Legislative Assembly (MLAs)
- Cabinet Ministers
- Staff working in the Premier's and Ministers' offices
- Lobbyists registered under the Lobbyists Act
- Businesses or individuals with dealings before the Alberta government
- The Ethics Commissioner's office
Vibes
0 responses
Gotchas
- The bill removes existing regulation-making powers (sections 47.1 b through e) that previously allowed the government to set specific dollar thresholds and rules for gifts, event tickets, and conference waivers by regulation — these are now replaced by fixed rules in the Act itself, reducing government flexibility to adjust limits without legislative change
- The new 'reasonable perception' standard for conflicts of interest is broader than the old standard and could capture situations where an MLA did not personally believe they had a conflict, potentially increasing the number of findings against members
- The code of conduct for Premier's and Ministers' staff must now address conflicts with existing employment contracts — a transition clause says existing contracts remain in effect until replaced, but the bill notes new rules may override prior employment terms
- The bill does not come into force until July 1, 2026, meaning current rules remain in place for over a year after passage
- Only non-monetary gifts qualify for the protocol/social obligation exemption under the new rules — cash or cash-equivalent gifts from any source are no longer exempt under any circumstance
Summary
This bill updates Alberta's Conflicts of Interest Act to tighten the rules about when a Member of the Legislative Assembly (MLA) or government staff member has a conflict of interest. It expands the definition of a conflict to include not just situations where an MLA knows they have a personal interest in a decision, but also situations where a reasonable person looking in from the outside would think their judgment is compromised. It also changes the rules around accepting gifts, requiring MLAs to get Ethics Commissioner approval to keep any non-monetary gift worth more than $100, and bans accepting gifts from lobbyists or people doing business with the government. The bill also makes it mandatory — not optional — for the government to create a formal code of conduct for staff working in the Premier's and Ministers' offices. This code must include specific rules about gifts, disclosure requirements, and Ethics Commissioner oversight. Previously, creating such a code was optional. The Ethics Commissioner is given a clearer, more formal role in investigating breaches of these codes. The bill was introduced by Mr. Kasawski and comes into force on July 1, 2026. It affects MLAs, Cabinet Ministers, and their staff, and is aimed at improving public trust in government by making ethics rules clearer and harder to work around.
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Vibes
0 responses